Agree, it is hard to delineate, especially when the government is run by people that are thin-skinned and retaliatory. That's what makes this issue so challenging.

But is it fair to curtail speech because someone might perceive it as a threat? That question applies to the government as well as to individuals. I think it has to be resolved on a case-by-cases basis by courts.

> is it fair to curtail speech because someone might perceive it as a threat?

Plenty of speech is criminally curtailed. Credible threats of imminent violence. Fraud. Perjury. They’re just tightly defined ex ante.